This record is a partial extract of the original cable. The full text of the original cable is not available.

UNCLAS SECTION 01 OF 13 SANTO DOMINGO 001683 
 
SIPDIS 
 
SENSITIVE 
 
DEPT FOR G/TIP, G, INL, DRL, PRM, IWI, WHA/PPC, WHA/CAR 
 
E.O. 12958: N/A 
TAGS: KCRM PHUM KWMN SMIG KFRD ASEC PREF ELAB
SUBJECT: DOMINICAN REPUBLIC ANTI-TRAFFICKING IN PERSONS 
REPORT 
 
REF: A. STATE 27013 
 
     ¶B. STATE 7869 
     ¶C. SANTO DOMINGO 674 
 
SUMMARY 
 
¶1. Trafficking in women has been  a serious problem in the 
Dominican Republic for the past 15 to 20 years, due mainly to 
the feminization of migration starting in the 1980s.  The 
exodus of women primarily to Europe and other Caribbean 
islands for economic reasons has made them extremely 
vulnerable to unscrupulous traffickers.  Trafficking in 
minors within the country and from Haiti to the DR is also a 
problem.  During the past year, the Government of the 
Dominican Republic undertook important measures to address 
trafficking.  In August, President Mejia signed into law a 
comprehensive Law Against Trafficking in Persons and Alien 
Smuggling.  The Government also created specialized 
anti-trafficking units at the National Police and Attorney 
General's offices, which began to operate.  The Government 
made numerous efforts to elevate public awareness and train 
law enforcement, judicial and diplomatic personnel.  It 
established policies to prevent trafficking, prosecute 
traffickers, and protect victims.  It removed from public 
service several key officials suspected of trafficking and 
illegal alien smuggling and sent a number of cases to the 
courts for prosecution.  It organized new anti-trafficking 
coordinating networks, worked to establish a new network of 
shelters, and provided funding for these efforts ) all while 
struggling to reduce a severe budget deficit.    Although the 
full effects of these efforts remain to be seen, Embassy 
strongly recommends that the Department determine that the 
Dominican Republic remain in Tier II.  End Summary. 
 
¶2. The following is Embassy,s response to trafficking 
questionnaire in paragraphs 17-21 of reftel B. 
 
OVERVIEW OF TRAFFICKING IN PERSONS 
 
¶A. The Dominican Republic is a country of origin for female 
prostitutes, as well as cabaret dancers and domestic 
employees, who work abroad generally in urban centers of 
wealthy countries.  The number of such prostitutes/workers is 
estimated by NGOs and international organizations to be 
between 50,000 and 100,000, based on fragmentary data.  There 
is anecdotal evidence that some of these women were 
trafficking victims at one time or another.  Experts believe 
that current trends show that less-experienced women between 
18 and 25 years of age are at the highest risk of being 
trafficked.  Government sources agree that they need 
statistical analysis on which to base policy. 
 
¶B. Principal destination countries over the last year 
continue to be in Europe and Latin America, and include 
Spain, Italy, the Netherlands, Switzerland, Greece, Curaao, 
and San Martin.  Other destination countries in past years 
include Belgium, Germany, Venezuela, Argentina and Costa 
Rica.  Desperate migrants who prefer not to seek visas or 
counterfeit U.S. passports opt to travel to U.S. shores by 
"yolas," flimsy wooden boats.  In a year marked by sharp 
deterioration of the Dominican economy, the number of illegal 
migrants trying to reach U.S. soil skyrocketed.  In January 
alone, the U.S. Coast Guard intercepted 1,637 Dominican 
illegal migrants in Puerto Rico -- more than the 1,469 
interceptions in all of calendar year 2003.  As a general 
rule, most Dominicans migrate illegally for economic reasons 
to find menial jobs that pay quadruple what they could earn 
at home.  Some may be vulnerable to becoming trafficking 
victims upon arrival, by being forced into prostitution in an 
attempt to pay off their debts, but hard data is not 
available. 
 
¶C. There have been increasing reports of Dominican women 
trafficked to countries in Central America and the Caribbean. 
 NGOs and international organizations reported increasing 
numbers of women trafficked to the Dutch-speaking Caribbean. 
There were unconfirmed reports that a Panamanian Consul in 
the Dominican Republic and a former Dominican Vice Consul 
operated a ring that trafficked Dominican women to Panama. 
The Government, international organizations and some NGOs 
also reported a slight increase in young girls being 
trafficked to work as prostitutes in Haiti.  There were some 
reports of trafficking to the Dominican Republic to work as 
sugar cane cutters (see response in section D below regarding 
a 2003 University of Florida study). 
 
¶D. Several studies on trafficking were conducted during the 
reporting period.  Taken together, these studies provide a 
broad and current overview of the nature of trafficking from, 
to and within the Dominican Republic, though some of their 
results are conflicting. 
 
In April 2003 the Dominican and Haitian Governments carried 
out a preliminary fact-finding mission in two communities in 
Haiti to develop joint strategies in response to trafficking 
of children across both countries.  The Secretariat of 
Foreign Relations, under the leadership of its Department for 
Women and Children, coordinated the initiative with 
UNICEF-Haiti and IOM.  Through interviews it was estimated 
that  50-60 Haitian children are trafficked into the 
Dominican Republic weekly and that many Haitian girls aged 12 
and older are brought into the Dominican Republic to work as 
prostitutes.  Santiago and Montecristi, the interviews 
revealed, are popular arrival points, but children are "sold" 
throughout all regions of the Dominican Republic. 
 
In September 2003 USAID offices in both the Dominican 
Republic and Haiti received funding approval for a study of 
Haitian children who have been trafficked to the Dominican 
Republic.  A professor from the University of Florida and his 
colleague in Haiti implemented the study (to be published in 
March 2004).Preliminary findings show that a number of 
Haitian men, some less than 18 years of age, were deceitfully 
brought to the Dominican Republic to work on sugar 
plantations after being told that they would work in cities 
in office jobs.  The study also finds that groups of 
traffickers (locally referred to as "buscones") organized the 
placement of Haitian women in tourist sex-tourism centers in 
Puerto Plata, but that the women worked voluntarily as 
prostitutes.  In Boca Chica, certain houses run by foreigners 
employed young girls to service tourists; investigations 
revealed that these girls were not Haitian. 
 
The International Organization for Migration (IOM) and the 
United Nations Population Fund (UNFPA) collaborated on an 
April 2003 study entitled "The Prevalence of drug consumption 
and violence among women victims of trafficking in persons: 
The Dominican Republic" (in Spanish, La Prevalencia del 
Consumo de Drogas y la Violencia en las Mujeres Victimas de 
la Trata de Personas - El Caso de la Republica Dominicana). 
With assistance from local NGOs COIN (Center for Integral 
Orientation and Investigation) and MODEMU (United Women's 
Movement), in February 2003 UNFPA interviewed 159 women 
resident in Santo Domingo, Boca Chica, La Vega, Higuey and 
San Francisco de Macoris.  These locales were identified by 
NGOs as problem areas for trafficking.  The study shows that 
more than 94 per cent of trafficked women decided to leave 
the country for economic reasons; 56 per cent of these women 
are 20-29 years of age.  Only 15 per cent of the women 
interviewed said that they did not know what type of work 
they would engage in overseas.  Nine out of ten women 
interviewed were victims of physical abuse at the hands of a 
spouse or lover.  It also shows that more than 32 per cent of 
interviewees worked in the Dutch-speaking Caribbean, while 31 
per cent worked in Europe. 
 
IOM also funded a study called "Migration, Prostitution and 
Trafficking of Dominican Women in Argentina," published in 
August 2003 (in Spanish: Migracion, Prostitucion y Trata de 
Mujeres Dominicanas en Argentina).  Connected with IOM's 
program with a local NGO to help returned women who had 
worked in Argentina, the study is based on interviews with 77 
of these women as well as 397 surveys administered by the 
Dominican Consulate in Buenos Aires.  It focuses on Dominican 
women who immigrated to Argentina from 1996-2000.  The study 
shows that during that period, traffickers lured Dominican 
women to Argentina with promises of $500-800 monthly salaries 
as domestic servants, nannies, or restaurant waitresses.  In 
reality, more than 50 per cent of these women worked as 
prostitutes.  On average, the women paid approximately $2,000 
for the trip, which included an "invitation letter" (in some 
cases), guarantee of one month's food and lodging expenses in 
Buenos Aires, and travel documents.  More than 80 per cent of 
the women included in this study migrated based on false 
promises of their recruiters, not knowing they would become 
prostitutes.   In 2004 some officials at the Secretariat of 
Foreign Relations cautioned that many Dominican women had 
migrated willingly to Argentina during the economic boom.  We 
have no information to suggest that this trend continued in 
2003-2004. 
 
In October 2003, ILO, the Secretary of State for Labor and 
partner NGOs inaugurated a program in Boca Chica focused on 
the commercial sexual exploitation of minors.  With funding 
from the U.S. Department of Labor, ILO/IPEC plans to complete 
another study in 2004 regarding the number of trafficked 
children involved in the sex industry.  This study will be an 
extension of the Time Bound Program, officially launched in 
September 2003, which aims to reduce the GODR's prioritized 
worst forms of child labor. 
 
¶E. Several observers estimate that 25,000-30,000 children 
under 18 years of age are involved in prostitution in the 
Dominican Republic.  Some elements in the tourist industry 
facilitate the sexual exploitation of children.  Particular 
problem areas are Boca Chica, Puerto Plata, and Sosua. 
Foreigner agents overseas market tours by suggesting that 
boys and girls can be found as sex partners.  Journalists 
have reported interviews with mothers who carry their 
10-15-year-old daughters to certain Santo Domingo 
neighborhoods where wealthy men solicit sex.  The 
Inter-Institutional Commission against the Commercial Sexual 
Exploitation of Children and Adolescents estimates that 65 
percent of child sex abusers in tourist areas are foreigners; 
35 per cent are Dominicans.  In Santo Domingo these 
statistics reverse, with 65 percent of sex abusers being 
Dominicans.  There are no statistics on the number of 
children working in the sex industry that are victims of 
trafficking. 
IOM and UNICEF estimate that 2,000-3,000 Haitian children are 
smuggled into the Dominican Republic annually and work in 
begging groups, street services (such as shoe shining, street 
food vending) agriculture, or in the sex trade.  (COMMENT: 
The USAID-funded University of Florida study on trafficking 
in children concludes that rumors of Haitian children 
trafficked into the DR to serve in begging rings appear 
exaggerated.  Rather, the vast majority of begging is 
intra-familial; children were used to beg by their own 
parents or relatives.  End Comment.) 
 
According to UNICEF some Haitian children work at tourist 
resorts as kitchen helpers.  The children range in age from 
five to fifteen.  They are usually recruited through the 
parents who pay a fee to the recruiter for bringing them over 
for seasonal work in order to generate additional family 
income.  The children are smuggled in by bus or private 
vehicle, and the drivers allegedly pay off Dominican 
officials.  Most are reportedly smuggled, or even sold, with 
parental consent.  The conditions the children are smuggled 
into make them vulnerable to abuse.  Generally, the children 
live in filthy housing, lack adequate nutrition and have 
virtually no access to healthcare services.  The majority of 
them do not carry identification documents.  Many 
undocumented Haitian boys as young as 9 years old plant sugar 
in cane fields, while 14- and 15-year olds have been spotted 
cutting sugar cane.  Periodically, Dominican Migration picks 
up children that beg on the streets and detains them in a 
group home or prison before they are deported.  (COMMENT: 
During a February 2004 Ambassadorial field visit to privately 
owned sugar cane fields, Embassy officers met a 14-year-old 
Haitian boy who arrived in January at the "bateyes" or sugar 
cane work camps in San Jose De los Llanos, 65 kilometers east 
of Santo Domingo, to cut sugar cane.  When interviewed, the 
boy said that unknown men brought him to the Dominican 
Republic to work and that his family had stayed behind in 
Haiti.  End Comment.) 
 
¶F. The main methods used to traffic women include family 
networks and fake contracts to work as dancers, artists or 
domestic employees.  Many trafficking victims travel using 
bona fide travel documents, like non-immigrant visas, which 
are taken from them upon arrival. 
Many victims are uneducated single mothers who are desperate 
to improve the living conditions of their children. 
Traffickers are introduced to women through friends and 
family; they promise some form of employment, obtain false or 
legitimate documents for the women and often retain their 
passport once in the destination country.  The recruited 
women often decide to enter into something suspect (such as 
agreeing to migrate illegally), but do not anticipate the 
reality they will encounter.  According to trafficking 
experts, some women willingly migrate to work as prostitutes 
in search of better economic opportunities, but eventually 
found themselves in trafficking situations. 
 
Minors are also smuggled to the United States by U.S. 
citizens or &green card8 holders posing as their parents. 
The smuggler (usually a woman) presents her own children,s 
U.S. birth certificates to Dominican migration authorities, 
since passports are not required for travel to and from the 
Dominican Republic.  Smugglers choose this method because 
Dominican migration officials have difficulty confirming the 
identities of the children traveling, who have no photo 
identification.  These smugglers, when apprehended, generally 
claim that they are taking the children to their parents in 
the United States to live.  However, in some cases it is 
possible that these minors are being trafficked into sexual 
or labor exploitation. 
 
¶G. The Dominican Government at the highest levels continues 
its commitment to combat trafficking.  The Government 
significantly intensified anti-trafficking efforts in 2003 
and has continued initiatives during difficult financial 
times.  Information sharing has increased among Government 
agencies responsible for combating trafficking.  Interest in 
working with other governments is clear from GODR 
participation in international seminars (including at the 
ministerial level) and signing related international 
instruments.  Senior officials have attended several Embassy 
hosted events on trafficking, including a working lunch held 
by the Ambassador and an interagency working group meeting. 
Government officials also participated in IOM seminars on 
drafting anti-trafficking legislation. 
 
In 2003 the Government prosecuted Congressman Guillermo 
Radhames Ramos Garcia. Ramos Garcia is accused of smuggling 
Chinese nationals into the Dominican Republic while serving 
as Consul to Cap Haitien in Haiti.  Trial proceedings against 
him and two Asian co-defendants began October 22, 2003 when 
the Supreme Court first convened a hearing to hear the case. 
At this hearing, the defendants were instructed to reappear 
with their lawyers on October 30, at which time a new court 
date was set.  On December 3 the Supreme Court reconvened, 
but the trial was postponed when the translator for the 
co-defendants failed to appear.  On January 28 the trial was 
postponed again because Ramos Garcia,s lawyers did not 
appear (COMMENT: There was a national work stoppage on 
January 28, locally referred to as a &huelga8.  End 
Comment).  The trial is scheduled to continue on March 24. 
On January 20, the Attorney General recommended bail for 
100,000 pesos for each co-defendant, which was rejected by 
the Supreme Court.  In February the Supreme Court ruled that 
each co-defendant pay 500,000 pesos.  Each was required to 
pay 2 per cent of that amount, approximately $200.   Although 
Ramos Garcia is currently protected by parliamentary 
immunity, the Chamber of Deputies President announced on 
February 24 that a resolution to strip immunity is on the 
legislative agenda for the congressional session beginning 
March 2004. 
 
¶H. There are no verifiable reports of institutional 
involvement in trafficking.  However, as with any government 
that has a high level of corruption, some officials have 
benefited from bribes directly or indirectly related to 
trafficking or alien smuggling.  The current Director of 
Migration dismissed 107 migration inspectors and supervisors 
in 2003 as a result of corruption investigations.  Since May 
2001, more than 400 migration employees have been removed and 
more than 40 smuggling rings have been dismantled..  Of 
these, 11 attempted to smuggle children with fake passports 
and birth certificates for illegal adoptions in the U.S. and 
Puerto Rico.  In January 2004 the Secretariat of Foreign 
Relations fired the Director of the Commercial Office in Hong 
Kong because of strong suspicions that he was smuggling 
Chinese nationals to the Dominican Republic.  The Secretariat 
also recalled the Ambassador to Argentina in March 2004 due 
to allegations that he received services from trafficked 
Dominican women. 
 
¶I. The Government's ability to address trafficking in persons 
is limited.  The depressed economic situation cannot be 
emphasized enough; it is one of the primary motives 
compelling Dominicans to migrate.  In urban areas 21 per cent 
of the population lives below the poverty line; in rural 
areas this figure doubles to 42 per cent.  There is a 
national obsession with obtaining visas and traveling 
overseas, especially to the United States.  The fact that 
most migrants send back remittances (totaling more than $2 
billion in 2003) is associated with the lack of public 
condemnation of smuggling and even of trafficking.  In spite 
of the Government's effort to combat trafficking, resources 
to train police, prosecutors and judges are limited. 
However, government officials have participated in foreign 
donor sponsored training activities (see response to question 
F in section on Prevention). 
 
Corruption and deeply rooted attitudes further complicate the 
GODR,s response to trafficking problems.  In a 
corruption-tolerant culture, many officials are inclined to 
look the other way rather than help a victim; worse, some may 
try to profit from the exploitation.  A historically negative 
attitude toward Haitian immigrants also makes officials 
reluctant to assist Haitian victims of trafficking.  Most 
officials express a desire to stem trafficking of women or 
children in general, but rarely mention Haitian children.  In 
addition, the legal system is slow and faulty, with 70 per 
cent of prisoners in the Dominican Republic awaiting trial. 
A system that cannot efficiently process drug dealers, 
murderers and other criminals is severely challenged to bring 
complex cases of traffickers to justice.  There is no 
integrated, electronic record keeping.  Obtaining statistics 
or other records is extremely difficult and institutional 
memory is lost from one administration to the next and 
because many government offices retain only paper files, if 
any at all. 
 
¶J. The Government periodically makes available assessments of 
anti-trafficking efforts to international organizations such 
as IOM and to the Embassy.  The Directorate of Migration 
works closely with our Department of Homeland Security (DHS) 
staff in monitoring smuggling activities and makes available 
reports of arrests.  The Navy, under the auspices of Naval 
Intelligence (M-2), also coordinates regularly with our Coast 
Guard Attache regarding interdictions.  All government 
offices responsible for combating trafficking willingly and 
in some cases voluntarily share information with one another, 
with the Embassy and with other interested parties.  Although 
a system to track trafficking cases does not exist, the 
Attorney General's anti-trafficking unit reports that a 
database of such cases will be launched in 2004. 
 
¶K. Widespread prostitution in the country is generally 
accepted.  In many cases women who are prostitutes abroad 
have never worked as prostitutes in the Dominican Republic 
and enjoy a relatively high socio-economic status when they 
return for holidays with gifts, fancy clothes and expensive 
jewelry.  These women are hesitant to denounce traffickers, 
not necessarily out of fear for their safety but out of fear 
of social condemnation.  They also earn substantially higher 
incomes as prostitutes than they would in other professional 
occupations.  Sex tourism grew as the number of international 
visitors increased. 
 
Article 334 of the Domestic Violence Law (Law 24-97) 
prohibits acting as an intermediary in a transaction of 
prostitution, and the Government used the law to prosecute 
third parties who profited from prostitution. 
¶L. There were no reports of buying or selling child brides. 
 
PREVENTION 
 
¶A. The Government acknowledges that trafficking is a problem 
in the country, and several government agencies are involved 
in anti-trafficking efforts.  The Attorney General repeatedly 
commented in the press and at conferences in 2003 on the 
dangers of trafficking.  In December 2003 the Attorney 
General addressed a trafficking summit, hosted by NGO Shared 
Hope International, which was attended by more than 75 
Dominican prosecutors, judges and police officers along with 
several representatives from NGOs and international 
organizations.  In his remarks the Attorney General announced 
that his office had rescued 2,000 girls from brothels.  He 
also emphasized that socio-economic factors make women and 
children vulnerable to trafficking. 
 
¶B. The primary Dominican Government agencies involved in 
anti-trafficking efforts (which also served as sources of 
information) include: 
 
-The Inter-institutional Committee for the Protection of 
Migrant Women (CIPROM: Comite Interinstitucional para la 
Proteccion de la Mujer Migrante) 
 
-The Secretariat of Women (SEM: Secretaria de Estado de la 
Mujer) 
 
-The Directorate of Migration (Direccion General de Migracion) 
 
-The Naval Intelligence Unit (M-2) 
 
-The Secretariat of Labor (SET: Secretaria de Estado de 
Trabajo) 
 
-The Secretariat of Foreign Relations (SEREX: Secretaria de 
Estado de Relaciones Exteriores), especially the section for 
women, children and adolescents and consular affairs 
 
-The Attorney General (AG: Procuraduria General) 
 
-The National Police (Policia Nacional) 
 
-The Secretariat of Tourism (Secretaria de Estado de Turismo) 
 
-The National Council for Children and Adolescents (CONANI: 
Consejo Nacional para la Ninez, a non-cabinet level ministry 
administered by the President's sister) 
 
CIPROM, chaired by SEM, takes the lead on trafficking issues 
for the government.  It was created in 1999 by decree No. 97 
to develop plans and strengthen government action to protect 
migrant women, especially those who are trafficked to other 
countries to be exploited sexually.  CIPROM is made up of 
SEM, SEREX, the Secretariat of Labor, the Directorate of 
Migration, Secretariat of Tourism, IOM, ASONOHARES (The 
National Hotel and Restaurant Association) and a few others. 
In 2003 CIPROM was reinvigorated by additional membership 
from the National Police, the Attorney General, and more 
NGOs. 
 
The department of consular affairs has also taken a keen 
interest in trafficking issues.  Regarding visa security, 
consular affairs will begin processing photo-integrated visas 
in 2004 and has improved coordination with the Passport 
Office.  To help reduce fraud, the Passport Office is 
scheduled to issue machine-readable passports beginning April 
¶2004. 
 
¶C. There have been several government-run education campaigns 
against trafficking and sexual exploitation.  With IOM 
support, the Secretariat of Women and the Attorney General's 
office have distributed 30,000 copies of the new law against 
trafficking to government offices and NGOs. 
 
In August 2003 the Inter-institutional Commission Against the 
Abuse and Commercial Sexual Exploitation of Children and 
Adolescents launched an extensive public awareness campaign 
against sexual exploitation of minors.  Today in the 
Dominican Republic large billboards are posted with the 
following message available in Spanish, English, French and 
German: "In the Dominican Republic we protect our treasures. 
Our beaches, mountains, monuments and our most important 
treasure: our children."  As part of this campaign, 
commercials and radio spots were purchased to warn abusers of 
the penalties for sexual exploitation of minors.  The 
Ministry of Public Health has also released a publication 
explaining the inter-institutional commission's 
responsibilities to prevent abuse, protect victims and 
prosecute criminals.  The National Hotel and Restaurant 
Association (ASONAHORES) has trained tourism employees to 
recognize warning signs of commercial sexual exploitation of 
minors and trafficking. 
 
In February 2004 IOM launched a new radio soap opera series 
entitled "Trapped" that dramatizes 10 real-life cases of 
trafficking based on interviews with women conducted by COIN 
and the Secretariat of Women.  The soap opera is being played 
by over 74 radio stations throughout the country, 52 of them 
in the countryside.  In addition, a kit containing 5 CDs, a 
brochure with conceptual information and guidelines for 
student groups will be distributed and used in educational 
sessions with 90 secondary schools. 
 
¶D. The Government supports other programs to prevent 
trafficking, especially programs that target children. 
During the year, the Secretariat of Education trained 3,000 
schoolteachers in high-risk areas on preventing child sexual 
exploitation.  The Secretariat of Foreign Relations also 
established four networks for consuls in Europe, South 
America, Central America and the Caribbean to exchange 
information about trafficking trends and to coordinate 
responses. 
 
¶E. The Government is able to support prevention programs. 
See answers above. 
 
¶F. The Government has strengthened relationships with NGOs 
that work on trafficking, for example by expanding CIPROM's 
membership to include better civil society representation. 
As a result, in February 2004 SEM collaborated with NGO 
FINJUS (Foundation for Institutionalism and Justice) and 
other partners to host workshops on the new law against 
trafficking.  To date, more than 200 community activists and 
police officers have participated in workshops held 
throughout the country.  SEM has begun an outreach program to 
encourage NGOs dedicated to women's issues to focus more on 
preventing trafficking.  SEM has also strengthened its 
partnership with COIN (Center for Integral Orientation and 
Investigation), the primary NGO source of information on 
trafficking victims. 
 
In February 2004 more than 70 prosecutors and police officers 
attended IOM-sponsored seminars in Santiago on how to apply 
the new law against trafficking; 50 prosecutors, police 
officers and navy intelligence officers (M-2) attended the 
same seminars in Santo Domingo. 
Additional seminars are planned for March and April in 
Barahona and Higuey. 
 
¶G. The Government has made some strides to stem the flow of 
illegal migration, but the border between the DR and Haiti is 
more than 240 miles long and extremely porous.  Funding for 
naval operations is also extremely limited.  The Directorate 
of Migration reported that more than 12,000 Haitians were 
deported from the Dominican Republic in 2003, but civil 
society projected numbers closer to 30,000.  Naval 
Intelligence (M-2) monitors the Mona Passage, the channel 
between the Dominican Republic and Puerto Rico.  In March 
2004 Iris De Moquete, a prosecutor from Pedernales, was 
assigned to the Naval Intelligence Division full-time to 
assist their agents in the preparation of smuggling cases, 
and to advise them on law enforcement actions. 
 
U.S. Coast Guard reports that Naval Intelligence arrested 
3,739 migrants preparing to go by "yola" to Puerto Rico in 
2003; this number includes migrants and smugglers.  The 
number of people taken into custody is usually a small 
percentage (10 to 15 percent)  of the total illegal smugglers 
and migrants on the scene.  The remaining percentage of 
smugglers and migrants evade capture by running in different 
directions during nighttime interdictions.  Some of these 
smugglers contribute to trafficking by delivering people to 
unscrupulous rings upon arrival in Puerto Rico.  U.S. Coast 
Guard reports that many of the women retrieved from the boats 
in the Mona Passage were clearly planning to work as 
prostitutes in the United States. 
 
¶H. Although a task force solely dedicated to trafficking does 
not exist, CIPROM takes the lead on the Government's response 
to trafficking.  It includes more than 20 government 
agencies, NGOs and international organizations and meets on a 
monthly basis.  The Secretariat of Foreign Relations has also 
assumed a more active role in the Government's response to 
trafficking.  In August, September and October 2003 and in 
February 2004, SEREX hosted multi-agency working group 
meetings.  In February 2004 the Foreign Secretary requested 
that a working group be created to better coordinate policy. 
 
Under the leadership of the Foreign Relations Secretariat,s 
consular affairs bureau, SEREX organized an 
inter-institutional commission of 18 government offices to 
implement, consolidate and follow up on anti-trafficking 
strategies; this commission includes the Supreme Court and 
the Central Elections Board (Junta Central Electoral).  In 
March 2004 the commission provided the Embassy with a 
detailed report of the Government,s 2003-2004 activities 
(Note: Embassy will send report to Department by pouch.) 
 
¶I. The Dominican Government coordinates and participates in 
international working groups to prevent trafficking.  In 
April 2003 SEREX spent $10,000 for 24 consular officers 
assigned to Central and South American posts to travel to 
Argentina for an IOM-sponsored two-day workshop on 
trafficking.  As a follow-up to the April workshop, in July 
2003 SEREX helped organize a GODR delegation to Haiti that 
included a representative from the First Lady's office, 
CONANI, representatives from the National Police and the 
Armed Forces, the Attorney General, the Director of 
Migration, and representatives of NGOs and international 
organizations.  The purpose of the trip was to develop 
cross-border strategies and networks to prevent trafficking 
of children on both sides.   In particular, the Dominican 
Ambassador to Haiti has made trafficking a priority; he met 
with Dominican prostitutes in Haiti and asked them to notify 
the embassy immediately of any activity involving underage 
girls. 
 
The Secretariat of Tourism reports improvements in its 
collaboration with international contacts to dismantle 
cyberspace networks that promote sex tourism in the Dominican 
Republic.  A 2003 sting operation in Sosua (located in the 
Puerto Plata province) resulted in the closure of seven 
hotel/bar locations for promoting prostitution, promoting sex 
tourism on the Internet and for using minors to perform sex 
acts.  In January 2004, Secretariat of Tourism staff 
participated in a workshop in Boca Chica on &Intervention 
Strategies8 with children and adolescents victims of 
commercial sexual exploitation. 
 
¶J. The Secretariat of Women directs CIPROM, the Government's 
lead interagency group for addressing trafficking in persons. 
 CIPROM and SEM signed a convention with IOM in April 2001 
called the "Program to Prevent and Combat Trafficking in 
Women in the Dominican Republic," in essence a national 
action plan.  The second phase of this convention was 
implemented in 2003, when IOM supported SEM in drafting new 
anti-trafficking legislation.  In February 2003 the Secretary 
for Women inaugurated a reception center for trafficking 
victims at the COIN premises.  The center was funded by COIN 
and UNFPA with in-kind assistance from SEM and the Attorney 
General's Office.  The center provides health and 
psychological care, legal assistance and vocational training. 
 
 
¶K. The new law against trafficking in persons states that 
various government agencies are responsible for application 
of the law, including SEM, SEREX, the Attorney General's 
anti-TIP unit and CIPROM.  However, no one entity is tasked 
with developing the government's anti-trafficking programs. 
 
 
INVESTIGATION AND PROSECUTION OF TRAFFICKERS 
 
¶A. Several laws may be applied to prosecute those who traffic 
in persons.  Taken together, these laws are more than 
adequate to cover the full scope of TIP.  The new law against 
trafficking (Law 137-03), passed by Congress in July and 
signed by the President in August 2003, is the most 
comprehensive.  The definition of trafficking is largely 
based on U.S. definitions, and includes the following for the 
purposes of exploitation: sexual exploitation, pornography, 
indebted servitude, forced labor or services, servile 
matrimony, illegal adoption, slavery and/or similar 
practices, or organ extraction.  The law includes penalties 
for traffickers of 15 to 20 years' imprisonment along with a 
fine equal to 175 times the minimum wage.  The law also 
includes a provision against alien smuggling, which carries a 
10- to 15-year prison sentence and a fine of 150-250 times 
the minimum wage.  There is a pre-existing law against alien 
smuggling (Law 344-98), but Law 137-03 carries stricter 
penalties. 
 
¶B. The revised Code for the Protection of Children and 
Adolescents (Law 136-03 also signed in August 2003), formerly 
known as the Code for Minors, penalizes the commercial sexual 
exploitation of minors with a 3- to 10-year prison sentence 
and a fine of 10-30 times the minimum wage.  There is also an 
article in Law 136-03 that penalizes the general 
commercialization of children and adolescents with 20- to 
30-year prison sentences.  Sexual exploitation is included in 
the definition of trafficking in Law 137-03, but 
theoretically the general article in Law 136-03 could be 
applied to ensure the strictest penalties against those who 
commercialize in children.  There is also an article in the 
Penal Code that penalizes smugglers involved in the promotion 
of prostitution, but the penalties in Law 137-03 are more 
severe. 
 
¶C. The Law Against Domestic Violence (Law 24-97) includes 
penalties for rape, incest, sexual aggression and other forms 
of domestic violence that range from one to 30 years in 
prison, and have fines ranging from 5,000 to 500,000 pesos. 
 
¶D. In an effort to prioritize prosecutions of traffickers, in 
April 2003 the Attorney General's office announced the 
creation of an anti-trafficking unit along with a unit 
dedicated to combating the commercial sexual exploitation of 
minors.  Special prosecutors trained in trafficking issues 
were assigned to work in the units.  There is an AG 
anti-trafficking unit in each province.  Although there have 
been no prosecutions under the new law, investigations on 
several trafficking cases were opened or re-opened under the 
new law. 
 
The AG's anti-trafficking unit in Santo Domingo decided to 
reopen at least three pending cases to determine whether 
there were indications of trafficking.  For example, the unit 
is investigating the August 26, 2002 case of Antonio Made 
Jimenez, accused of transporting undocumented Haitians into 
Dominican territory.  Initially the AG was going to apply the 
original law against alien smuggling (Law 344-98).  The 
anti-trafficking unit has also reopened the case against Jose 
Ramon Mercedes Quiterio, accused on May 10, 2002 of 
organizing illegal trips to San Martin, which violates 
Article 405 of the Penal Code.  The July 15, 2003 case 
against Jesus Fortuna Pena, accused of transporting Haitian 
nationals within Dominican Territory, was reopened to 
determine whether trafficking was involved.   Fortuna is free 
on bail by order of the Court of Instruction in Elias Pina. 
 
In 2003 the AG's anti-trafficking unit in San Juan de la 
Maguana received a denouncement from a German national 
Franziskus Georg Kraus against four Dominicans for allegedly 
being part of an organization that produced false documents 
and trafficked persons to European countries.  The 
investigation results are pending. 
In 2003 Aracelis Sanchez Mora was arrested, by order of the 
AG's anti-trafficking unit, for trafficking in minors at a 
bar in Azua.  Initially the Court of Instruction found 
Sanchez Mora in violation of Articles 334 and 334-1 of the 
Penal Code but she remains free on bail.  The bar in question 
has been closed temporarily until the investigation is 
concluded. 
 
The most high profile alien smuggling case being prosecuted 
is that of Congressman Guillermo Radhames Ramos Garcia (see 
response to G section on Overview of Trafficking).  Since the 
Congressman's violation occurred prior to approval of the new 
law against trafficking, he is being prosecuted for violating 
Article 1 of the Alien Smuggling Law (Law 344-98) and 
Articles 59 and 177 of the Penal Code.  If he is found 
guilty, however, the Supreme Court Chief Justice could apply 
the new law against trafficking (should the Chief Justice 
decide that stricter penalties are warranted). 
 
An anti-trafficking unit at the National Police was 
officially inaugurated in August 2003.  The unit has 13 
investigators who are primarily trained in spotting 
counterfeit U.S. visas and passports.  The following is the 
unit's report provided to the Embassy covering 2003-2004 
activities: 
 
-Number of persons submitted to justice for intent to leave 
the country with altered travel documents (such as U.S. or 
European passports, visas, resident cards): 172 
 
-Number of persons submitted for alien smuggling or 
trafficking: 14 
 
-Number of persons submitted for smuggling children: 3 
 
-Number of recovered counterfeit American and European visas: 
102 
 
-Number of complaints about alien smugglers received: 35 
 
-Number of other complaints received: 34 
 
-Number of pending cases (of complaints received): 11 
 
In one highly publicized case, in August 2003 the National 
Police  anti-trafficking unit arrested a trafficker of 
Dominican girls to Haiti based on a tip provided by the 
Secretariat of Foreign Relations.  Local newspapers reported 
 
SIPDIS 
interviews with some of the victims, who said they had been 
promised jobs in San Martin to work in a store.  The 
trafficker remains in Najayo prison in Santo Domingo.  In 
October 2003, the unit arrested another trafficker of 
children to Haiti and the children were promptly returned to 
their families before any harm was done. 
 
¶E. According to COIN and IOM, trafficking organizations are 
typically small groups.  Smuggling rings in the Dominican 
Republic are loosely organized, and it is likely that profits 
from trafficking go directly to individual members.  Usually 
there is a contact in the destination country and a few 
persons in the Dominican Republic who recruited persons to be 
trafficked and who handled obtaining identification and 
travel documents.  There were no reports of trafficking 
profits being channeled to armed groups, terrorist 
organizations, judges, banks, etc. 
 
¶F. Through the anti-trafficking unit at the Attorney 
General's office, the Government investigates cases of 
trafficking.  See response above in paragraph D. 
 
Dominican Migration has also arrested numerous smugglers 
attempting to board flights with impostor children.  For 
example, in 2003 the Embassy,s consular section was informed 
of six arrests by Dominican authorities of U.S. citizens 
attempting to smuggle children to the United States (see 
reftel C).  After several months of investigations 
coordinated with our DHS agents, in March 2004 Migration 
officials arrested three Puerto Rican women on charges of 
smuggling children to the United States; officials suspect 
that one of the women smuggled children to the U.S. on at 
least seven occasions.  Migration authorities frequently 
bring children with suspect identities, and their alleged 
parents, to the consular section for citizenship/identity 
verification.  Dominican Migration actively collaborates with 
the USG in investigating and prosecuting these cases.  The 
Department of Family and Children (under the Attorney 
General's jurisdiction) actively investigates kidnappings, 
especially of infants for sale to foreigners who deliberately 
sidestep legal formalities.  The Government seeks to protect 
children from being victimized by those who would adopt them 
by making such adoptions more difficult. 
 
¶G. After the law against trafficking was promulgated, the 
Secretariat of Women launched a capacity building campaign in 
 
SIPDIS 
50 municipalities and provinces.  In September and November 
2003 approximately 250 government workers participated in SEM 
workshops about preventing trafficking.  In cooperation with 
NGO FINJUS and other civil society groups, SEM has also 
organized a series of workshops on trafficking that target 
mid level government officials and community organizations. 
These workshops will be held in February through April 2004. 
 
¶H. The Government cooperates with other governments, such as 
Haiti, in the investigation and prosecution of trafficking 
cases.  This coordination led to the quick arrest in October 
2003 of a Haitian trafficker of Dominican girls, based on a 
tip given to the Dominican embassy in Port au Prince that was 
shared with SEREX and then passed to the National Police 
anti-trafficking unit. 
 
¶I. Although no cases of extradition for trafficking are 
known, the possibility exists for extradition through the 
application of the Palermo Protocol to Prevent, Suppress and 
Punish Trafficking in Persons to existing extradition 
treaties once the protocol is ratified.  In accordance with 
Article 16 paragraph 3 of the convention, each of the 
offenses listed in Article 3 paragraph 1 (a) or (b) shall be 
deemed to be included as an extraditable offense in any 
extradition treaty existing between the two parties.  An 
important caveat is that the offenses must be punishable 
under the domestic law of both the requesting and requested 
state parties.  For example, extradition between the United 
States and the Dominican Republic is governed by the June 9, 
1909 Extradition Treaty.  Once both countries ratify the 
protocol, if the offenses are punishable under both 
countries' law, the offenses would be extraditable. 
 
¶J. and K. See responses in section on Overview of Trafficking 
in Persons. 
 
¶L. The Government has ratified the following international 
instruments: 
 
-ILO Convention 182 on Worst Forms of Child Labor 
 
-ILO Convention 29 Forced Labor Convention 
 
-ILO Convention 105 Abolition of Forced Labor Convention 
 
-The Optional Protocol to the Convention on the Rights of the 
Child (CRC) 
 
The Protocol to Prevent, Suppress and Punish Trafficking in 
Persons (Palermo Protocol), supplementing the UN Convention 
Against Transnational Organized Crime was signed December 15, 
2000 but not ratified. 
 
PROTECTION AND ASSISTANCE TO VICTIMS 
 
¶A. The law against trafficking (Law 137-03) establishes a 
provision in which the victims of trafficking are guaranteed 
adequate housing, medical attention, access to education, 
training and employment opportunities.  The law also states 
that legal assistance will be provided to victims, as well as 
psychological and other types of evaluations.  In practice, 
these provisions have not yet become a reality mainly because 
police, prosecutors and judges are still being trained on how 
to apply the law. 
 
In May 2003 the President signed Law 88-03, The Creation of 
Safe Havens for Women, Children and Adolescents Victims of 
Domestic Violence.  The Secretariat of Women reported that a 
shelter was built in San Cristobal for women victims of 
domestic violence, but many NGOs and international 
organizations reported that the shelter was not yet 
functional and that it would not provide shelter for returned 
trafficked victims.  There are several church-run shelters 
that provide refuge to children who escape prostitution. 
 
According to NGOs that work with trafficked victims such as 
COIN, most victims are too embarrassed to seek legal action 
against traffickers.  COIN, with assistance from SEM 
consultants, provides low cost health services, psychological 
counseling, judicial assistance and job training to migrant 
women that have returned.  COIN provides tests for HIV/AIDS 
and other sexually transmitted diseases; COIN estimates that 
up to 12 per cent of sex workers are HIV-positive.  COIN also 
operates a reception center for returned women. 
 
The Government, under the auspices of CONANI, plans to open 
nine safe havens for child victims of sexual exploitation. 
According to CONANI, the Attorney General's office will fund 
at least seven of the safe havens, the first of which to be 
opened in the first six months of 2004. 
¶B. The majority of government funds for NGOs that work on 
trafficking are channeled through the Secretariat of Women. 
The Investigation Center for Feminine Action (CIPAF) was 
allocated 720,000 pesos of SEM's 2003 and 2004 
budgets--approximately $16,000 USD.  COIN will be included in 
SEM's 2005 budget. 
 
¶C. A functioning screening and referral process for victims 
does not exist.  Article 9 of the new law against trafficking 
provides that the state will protect the privacy and identity 
of the victim.  Most victims are referred to NGOs like COIN 
by IOM. 
 
¶D. According to COIN, victims are not penalized.  Returned 
women are usually sent to the Directorate of Migration after 
arrival at the airport.  If migration officials suspect drug 
trafficking, the cases are referred to the National Police. 
If not, the women are sent home.  COIN, the Secretariat of 
Women, the Attorney General and the Directorate of Migration 
are considering an agreement with the National Police that 
all trafficking-related cases be referred to COIN. 
 
¶E. Victims can file civil suits against traffickers but there 
is a lack of social consciousness in this regard.  There is 
also a lack of incentive.  Illegal migrants, for example, 
have told NGOs assisting victims that they were  reluctant to 
squeal on smugglers because they are likely to attempt 
illegal migration again in the future. 
 
¶F. A protection program for victims and witnesses does not 
yet exist.  Complaints of trafficking and alien smuggling are 
submitted to the National Police but those who submit 
complaints are not protected in practice. 
 
¶G. There are several examples of government support for 
training officials in recognizing trafficking.  Also, article 
14 of the law against trafficking states that public servants 
responsible for this issue will receive training.  In 
November 2003 the special prosecutor for the Attorney 
General's anti-trafficking unit traveled to Colombia for a 
training workshop on trafficking.  The Secretariat of Foreign 
Relations Office on Women and Children has been particularly 
active in training efforts.  Prior to departure for overseas 
assignments Dominican consuls are trained about trafficking 
and the commercial sexual exploitation of minors.  In 
November and December 2003, approximately 15 consuls attended 
these 2-day training sessions. 
 
¶H. There is a section in the law against trafficking 
pertaining to government assistance for victims of 
trafficking.  This assistance includes adequate housing, 
medical attention, and training and employment opportunities 
among other measures.  The Government provides limited 
assistance in practice, primarily through its relationship 
with COIN. 
 
¶I. The primary NGO sources of information on trafficking are: 
 
-Center for Integral Orientation and Investigation (COIN: 
"Centro de Orientacion e Investigacion Integral") 
 
-United Women's Movement (MODEMU: "Movimiento de Mujeres 
Unidas") 
 
-Investigation Center for Feminine Action (CIPAF: "Centro de 
Investigacion para la Accion Femenina") 
 
-Foundation for Institutionalism and Justice (FINJUS: 
"Fundacion Institucionalidad y Justicia") 
 
-AIDS Action (Accion SIDA) 
 
-Your Woman (Tu Mujer) 
 
The most active local non-profit organization on trafficking 
issues is COIN and its spin-off organization MODEMU.  Founded 
in 1985 to assist sex workers, COIN began to work with 
migrant women in 1994 through its Center for Information on 
Immigration and Health (CIM: "Centro de Informacion de 
Inmigracion y Salud").  CIM provides information to potential 
migrants, trafficking victims and their families, trains 
groups to prevent trafficking, lobbies and works to sensitize 
political groups, and provides assistance to returned migrant 
women.  As a member of CIPROM, COIN works closely with the 
Government on trafficking issues.  With IOM funding, COIN 
assisted 85 returned women in 2003; 65 were returned from 
Argentina and 20 from various European and Caribbean 
countries.  Throughout the year COIN also organized community 
education programs about trafficking for 3,000 potential 
migrants and children.  COIN counsels women planning to 
accept job offers in Europe and the eastern Caribbean about 
immigration, health and other problems, including the dangers 
of trafficking, forced prostitution, and domestic servitude. 
 
STATUTORY CRITERIA 
 
¶3. (SBU) Embassy point of contact and drafter for this report 
is Poloff Shelby Smith-Wilson (phone 809-731-4203; fax 
809-686-4038; email Smith-WilsonSV@state.gov).  More than 100 
hours were spent by Embassy staff in preparation and writing 
of the report. 
KUBISKE